The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022

• (vi) the interests of justice require such a review.

• (2) An application under sub-paragraph (1) must—

• (a) be delivered to the proper officer within the period of 14 days beginning with the date on which the copy of the entry in the register is served on the parties, and

• (b) state the grounds in full.

• (3) The parties must have the opportunity to be heard on any application for review under sub-paragraph (1).

• (4) Having reviewed the decision, the adjudicator may direct that it be—

• (a) confirmed,

• (b) revoked, or

• (c) varied.

• (5) If, having reviewed a decision, the adjudicator directs that it be revoked, the adjudicator must substitute a new decision or order a re-determination by—

• (a) that adjudicator,

• (b) the original adjudicator, or

• (c) a different adjudicator.

• (6) Paragraph 11 applies to the confirmation, revocation or variation of a decision under this paragraph as it applies to a decision made on the disposal of an appeal.

Costs

13

• (1) An adjudicator must not normally make an order awarding costs and expenses.

• (2) But, subject to sub-paragraph (3), an adjudicator may make an order awarding costs and expenses—

• (a) against a party (including an appellant who has withdrawn an appeal or an enforcement authority which has consented to an appeal being allowed), if the adjudicator considers that—

• (i) the party has acted frivolously or vexatiously, or

• (ii) the party’s conduct in making, pursuing or resisting an appeal was wholly unreasonable;

• (b) against an enforcement authority, where the adjudicator considers that the disputed decision was wholly unreasonable.

• (3) An order must not be made against a party unless that party has been given an opportunity to make representations against the making of the order.

• (4) An order must require the party against whom it is made to pay to the other party a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings.

Consolidation of proceedings

14

• (1) Where there are pending two or more appeals and at any time it appears to an adjudicator that—

• (a) some common question of law or fact arises in both or all the appeals, or

• (b) for some other reason it is desirable to make an order under this paragraph,

the adjudicator may order that both or all of the appeals or those specified in the order are to be considered together and may give such consequential directions as may appear to the adjudicator to be necessary.

• (2) An order must not be made under this paragraph unless all parties concerned have been given an opportunity to make representations against the making of the order.

Miscellaneous powers of adjudicators

15

• (1) An adjudicator may—

• (a) extend the time appointed by or under this Schedule for the doing of any act even where the time appointed has expired;

• (b) if an appellant at any time gives notice of the withdrawal of their appeal, dismiss the proceedings;

• (c) if an enforcement authority consents to an appeal being allowed, allow the appeal;

• (d) if both or all of the parties agree in writing on the terms of a decision to be made by an adjudicator, decide accordingly;

• (e) adjourn a hearing.

• (2) An adjudicator may exercise the powers conferred by this Schedule (other than paragraph 12) on the application of a party or on the adjudicator’s own motion.

Clerical errors

16

Clerical mistakes in any document recording a direction or decision of the adjudicator, or errors in such a document arising from an accidental slip or omission, may be corrected by the proper officer on the direction of the adjudicator.

PART 3 — Service of documents

Service of documents on a party to an appeal

17

• (1) This paragraph applies to any notice or other document required or authorised by these Regulations to be sent to a party to an appeal (an “appeal document”).

• (2) An appeal document is to be regarded as having been sent to that party if it is—

• (a) delivered to that party,

• (b) left at that party’s proper address,

• (c) sent by first class post to that party at that address, or

• (d) transmitted to that party by fax or other means of electronic data transmission in accordance with sub-paragraph (3).

• (3) An appeal document may be transmitted to a party by fax or by other means of electronic data transmission where—

• (a) the party has indicated in writing to the person sending the document that this form of communication is acceptable if it is transmitted to a specified FAX telephone number or, as the case may be, a specified electronic address, and

• (b) the document is transmitted to that number or address.

• (4) In the case of an enforcement authority, an indication under sub-paragraph (3)(a) may be expressed to apply in relation to any appeal to which it is the respondent.

• (5) For the purposes of this Schedule, and of section 7 (references to service by post) of the Interpretation Act 1978¹³ (“the 1978 Act”) in its application to this paragraph—

• (a) the proper address of the appellant is the address stated under paragraph 2(2)(b);

• (b) the proper address of an enforcement authority in proceedings in which it is the respondent is such address as the authority may from time to time specify, in a notice delivered to the proper officer, as being the authority’s address for service in all such proceedings.

• (6) If no address has been stated under paragraph 2(2)(b) or, as the case may be, specified by the enforcement authority, the proper address for the purposes of this Schedule, and section 7 of the 1978 Act, is—

• (a) in the case of an individual, their usual or last known address;

• (b) in the case of a partnership, the principal or last known place of business of the firm within the United Kingdom;

• (c) in the case of an incorporated or unincorporated body, the registered or principal office of the body.

• (7) Where a party’s proper address includes a box number at a document exchange, the delivery of an appeal document may be effected by leaving the document addressed to that box number—

• (a) at that document exchange, or

• (b) at a document exchange which transmits documents every working day to that exchange.

• (8) A party may at any time, by notice in writing delivered to the proper officer, change their proper address for the purposes of this Schedule and section 7 of the 1978 Act.

• (9) A party may, by notice in writing delivered to the other party and the proper officer, vary or revoke any indication given under sub-paragraph (3)(a).

• (10) Unless the contrary is proved—

• (a) where an appeal document is left at the proper address of a party it is to be taken to have been delivered on the second working day after the day on which it was left;

• (b) where an appeal document is sent by fax or other means of electronic data transmission it is to be taken to have been delivered on the first working day after the day on which it was transmitted;

• (c) where an appeal document is left at a document exchange in accordance with sub-paragraph (7) it is to be taken to have been delivered on the second working day after the day on which it was left.

Delivery of documents to the proper officer

18

• (1) This paragraph applies to any notice or other document required or authorised by or under this Schedule to be delivered to the proper officer (a “PO document”).

• (2) A PO document may be delivered to the proper officer by being transmitted to the proper officer by fax or other means of electronic data transmission, but only to a FAX telephone number or, as the case may be, electronic address for the time being published by the proper officer for the purpose of receiving PO documents.

• (3) Unless the contrary is proved, any PO document transmitted in accordance with sub-paragraph (2) is to be taken to have been delivered on the second working day after the day on which it was transmitted.

• (4) Where the address of the proper officer includes a box number at a document exchange, the delivery of such a document may be effected by leaving the document addressed to that box number—

• (a) at that document exchange, or

• (b) at a document exchange which transmits documents every working day to that exchange.

• (5) Unless the contrary is proved, any PO document which is left at a document exchange in accordance with sub-paragraph (4) is to be taken to have been delivered on the second working day after the day on which it was left.

PART 4 — Directions as to invalid notices

Directions as to invalid notices

19

• (1) This paragraph applies where—

• (a) the order of a county court which has been made against a person (a “relevant person”) is deemed to have been revoked following the making of a witness statement in accordance with regulation 23 of the 2022 General Regulations, and

• (b) the enforcement authority refers the case to the adjudicator for directions.

• (2) The proper officer must enter particulars of the case in the register.

• (3) The adjudicator must give directions as to the conduct of the proceedings unless the adjudicator decides that no such directions are necessary.

• (4) The adjudicator may, in particular—

• (a) if it appears to the adjudicator that no appeal has been made by the relevant person in relation to the subject matter of the case, direct that the case proceed as an appeal;

• (b) if it appears to the adjudicator that an appeal has been made by the relevant person in relation to the subject matter of the case and that the appeal has been dismissed, direct that the case proceed as an application under paragraph 12 to review that decision.

• (5) Where the adjudicator gives a direction under sub-paragraph (4)(a), Parts 1 to 3 of this Schedule (except paragraphs 2 and 3) apply as if an appeal had been duly made by the relevant person.

SCHEDULE 2 — Consequential amendments

Amendment of article 8A of the High Court and County Courts Jurisdiction Order 1991

1

• (1) Article 8A of the High Court and County Courts Jurisdiction Order 1991¹⁴ is amended in accordance with this paragraph.

• (2) In paragraph (1)(c)(ii), for “Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022”.

Amendment of Article 7 of the Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007

2

• (1) Article 7 of the Traffic Management Act 2004 (Commencement No. 5 and Transitional Provisions) (England) Order 2007¹⁵ is amended in accordance with this paragraph.

• (2) In paragraph (2)(b), in the inserted definition of “the Parking General Representations and Appeals Regulations”, for “Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022”.

• (3) In paragraph (4)—

• (a) in the substituted paragraph (a), for “8(5)” substitute “8(6)”;

• (b) in the substituted paragraph (b), for “11(5)” substitute “11(4)”.

• (4) In paragraph (5), for “4” substitute “5”.

Amendment of the Penalty Charges Enforcement (London) Regulations 2012

3

• (1) The Penalty Charges Enforcement (London) Regulations 2012¹⁶ are amended as follows.

• (2) In regulation 2, in the definition of “the Representations and Appeals Regulations”, for “Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022”.

• (3) In regulation 3(2)(c)—

• (a) in sub-paragraph (iv), for “7(4)”, substitute “7(8)”; and

• (b) in the words after that sub-paragraph, for “7(5)”, substitute “7(9)”.

Amendment of the Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015

4

• (1) The Household Waste (Fixed Penalty and Penalty Charge) Regulations 2015¹⁷ are amended as follows.

• (2) In regulation 4, for “Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Regulations 2022”.

• (3) In the Schedule—

• (a) in the heading, for “Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007” substitute “Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) Regulations 2022;

• (b) for paragraph 3 substitute—

(3) Omit regulations 8 to 14.

• (c) omit paragraphs 4 and 5;

• (d) after paragraph 5, insert—

(5A) For regulation 16 substitute— (16) Any amount which is payable under an adjudicator’s decision is, if a county court so orders, recoverable by the person to whom the amount is payable as if it were payable under a county court order. (5B) In regulation 17, in paragraph (1), after “proper officer” insert “(within the meaning of paragraph 1(1) of Schedule 1)”. (5C) In regulation 18(1)— (a) omit “Part 2, 3 or 4, or”; (b) after “appeal”, insert “under regulation 7(1)”.

• (e) in paragraph 6—

• (i) for the heading substitute—

• (ii) in sub-paragraph (1), for “The Schedule” substitute “Schedule 1”.

• (iii) for sub-paragraph (2) substitute—

(2) In paragraph 1(1), at the appropriate places insert the following definitions— - “appeal” means an appeal under regulation 7(1); - “fax” means the making of a facsimile copy of a document by the transmission of electronic signals; - “proper officer” means a member of the administrative staff provided under section 81(4)(a) of the Traffic Management Act 2004 who has been appointed to perform the functions of the proper officer under these Regulations; - “register” means the register required to be kept under regulation 17;

• (iv) in sub-paragraph (3), for “regulation 4(1), 8(4) or 11(4)” substitute “regulation 5(1), 8(5) or 11(3)”;

• (v) after sub-paragraph (3), insert—

(3A) In paragraph 2(2), for paragraph (b) substitute— (b) the name and address of the appellant;

• (vi) for sub-paragraph (4) substitute—

(4) In paragraph 2(4), omit “, 10(2)(a) or 13(2)(a) (as the case may be)”.

• (vii) after sub-paragraph (5), insert—

(5A) Omit paragraph 2(8).

• (viii) in sub-paragraph (6), for “regulation 4(2)(b), 8(4) or 11(4)” substitute “regulation 5(2)(b), 8(5) or 11(3)”;

• (ix) omit sub-paragraph (7).

Amendment of the West Midlands Combined Authority (Functions and Amendment) Order 2017

5

• (1) Article 6 of the West Midlands Combined Authority (Functions and Amendment) Order 2017¹⁸ is amended as follows.

• (2) In paragraph (3), after “Regulations” insert “or the Appeals and Representations Regulations”.

• (3) In paragraph (4), after sub-paragraph (a), insert—

(aza) “the Appeals and Representations Regulations” means the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022;

Amendment of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021

6

• (1) Article 24 of the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021¹⁹ is amended as follows.

• (2) In paragraph (3), after “Regulations” insert or “the Appeals and Representations Regulations”.

• (3) In paragraph (4), after sub-paragraph (a) insert—

(aza) “the Appeals and Representations Regulations” means the Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (England) Regulations 2022;

Signed

Signed by authority of the Lord Chancellor

James Cartlidge — Parliamentary Under Secretary of State for Justice — Ministry of Justice — 2022-05-23

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision entitling persons—

• (a) who are or may be liable to pay penalty charges in respect of parking contraventions (in and outside Greater London), bus lane contraventions outside Greater London and moving traffic contraventions outside Greater London (“relevant road traffic contraventions”),

• (b) who pay charges to secure the release of vehicles which have been immobilised or removed on account of such contraventions,

to make representations to enforcement authorities regarding their liability for the charges and to appeal to an adjudicator if the representations are not accepted. These Regulations apply only in England.

These Regulations should be read with the Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations (S.I. 2022/71) (“the General Regulations”).

Part 1 makes provision for preliminary matters.

Part 2 makes provision about the information to be included in certain notices served in relation to relevant road traffic contraventions under the General Regulations about a person’s right to make representations or bring an appeal under these Regulations. This Part also makes provision about the making of representations against enforcement notices and the duties of an enforcement authority if they receive such representations. This Part also provides for an appeal to an adjudicator if the enforcement authority does not accept those representations.

Part 3 makes similar provision for the making of representations and appeals in relation to vehicles which have been immobilised in accordance with the General Regulations and in respect of which a person has had to pay a charge to have the vehicle released.

Part 4 makes similar provision for the making of representations and appeals in relation to vehicles which have been removed and stored or disposed of in accordance with the Road Traffic Regulation Act 1984 and regulations made under it.

Part 5 makes provision about the procedure to be followed in connection with an appeal under these Regulations. In addition, it creates an offence of making false or reckless representations under Parts 2, 3 or 4, or otherwise in connection with an appeal under, these Regulations.

Part 6 of these Regulations revokes the Civil Enforcement of Parking Contraventions (England) Regulations 2007 (S.I. 2007/3482) and makes related savings and transitional provisions. This Part also makes various consequential amendments to other existing legislation.

A de minimis impact assessment has been prepared for this instrument and is available on www.legislation.gov.uk.

An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.

Footnotes

Editorial notes